ARMON v. UNITED FINANCIAL CASUALTY COMPANY d/b/a PROGRESSIVE INSURANCE COMPANY

An individual Plaintiff insured under a “MISSOURI COMMERCIAL AUTO POLICY,” issued by a company d/b/a as Progressive Insurance Company (“Progressive”), sued Progressive claiming that it failed to correctly calculate and pay him the amount due under the policy when it was determined by Progressive, after an accident, that his vehicle was a “total loss.” Plaintiff alleged he was owed the “Stated Amount” of his vehicle which he was required to provide to Progressive when applying for insurance. Progressive paid an amount other than the Statement Amount, minus the deductible, contending that pursuant to the policy it was to pay the lesser of the “actual cash value” of the “Stated Amount.”

The Court certified the lawsuit as a class action on behalf of all individual persons, corporations, partnerships, associations and other entities who insured a vehicle during the Class Period beginning January 1, 2006, under a “MISSOURI COMMERCIAL AUTO POLICY,” issued by Progressive, and who suffered a “total loss” of said vehicle, as defined in the policy, and who recovered from Progressive for such loss an amount that was less than the “Stated Amount” for said vehicle minus any applicable deductible.

Following certification of the class, Plaintiff and Progressive agreed to settle the above-captioned lawsuit and the Court has preliminarily approved the settlement (hereinafter “the Settlement Agreement”).

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